Iowa Code § 321.189

Current through March 29, 2024

Section 321.189 - [Effective Until 7/1/2025] Driver's license - content

1.Classification and issuance.

a. Upon payment of the required fee, the department shall issue to every qualified applicant a driver's license. Driver's licenses shall be classified as follows:

(1) Class A - Valid for the operation of vehicles with a gross combination weight rating of twenty-six thousand one or more pounds if the towed vehicle or vehicles have a gross vehicle weight rating or gross combination weight rating of ten thousand one or more pounds, and also valid for the operation of vehicles with lower gross combination weight ratings and other vehicles except motorcycles.

(2) Class B - Valid for the operation of a vehicle with a gross vehicle weight rating of twenty-six thousand one or more pounds or a combination of vehicles with a gross combination weight rating of twenty-six thousand one or more pounds if the towing vehicle has a gross vehicle weight rating of twenty-six thousand one or more pounds and the towed vehicle or vehicles have a gross vehicle weight rating or gross combination weight rating of less than ten thousand one pounds, and also valid for the operation of vehicles with lower gross vehicle weight ratings or gross combination weight ratings except motorcycles.

(3) Class C - Valid for the operation of a vehicle, other than a motorcycle, or a combination of vehicles with a gross combination weight rating of twenty-six thousand one or more pounds provided the towing vehicle has a gross vehicle weight rating of less than twenty-six thousand one pounds and each towed vehicle has a gross vehicle weight rating of less than ten thousand one pounds, or a combination of vehicles with a gross vehicle weight rating or gross combination weight rating of less than twenty-six thousand one pounds and also valid for the operation of any vehicle, other than a motorcycle, for which the operator is exempt from commercial driver's license requirements under section 321.176A.

(4) Class D - Valid for the operation of a motor vehicle as a chauffeur.

(5) Class M - Valid for the operation of a motorcycle.

b. A driver's license may be issued for more than one class. Class A and B driver's licenses shall only be issued as commercial driver's licenses. Class C and M driver's licenses may be issued as commercial driver's licenses. A driver's license is not valid for the operation of a vehicle requiring an endorsement unless the driver's license is endorsed for the vehicle. A class D driver's license is also valid as a noncommercial class C driver's license. The holder of a commercial driver's license is not required to obtain a class D driver's license to operate a motor vehicle as a chauffeur. When necessary, the department shall by rule create additional classes or modify existing classes of driver's licenses, however, the rule shall be temporary and if within sixty days after the next regular session of the general assembly convenes the general assembly has not made corresponding changes in this chapter, the temporary classification or modification shall be nullified.

2.Content of license.

a. Appearing on the driver's license shall be a distinguishing number assigned to the licensee; the licensee's full name, date of birth, sex, and residence address; a color photograph; a physical description of the licensee; the name of the state; the dates of issuance and expiration; and the usual signature of the licensee. The license shall identify the class of vehicle the licensee may operate and the applicable endorsements and restrictions which the department shall require by rule.

b. A commercial driver's license shall include the licensee's address as required under federal regulations, and the words "commercial driver's license" or "CDL" shall appear prominently on the face of the license. A commercial learner's permit shall include the permit holder's address as required under federal regulations, and the words "commercial learner's permit" or "CLP" with a statement that the permit is invalid unless accompanied by the permit holder's underlying driver's license shall appear prominently on the face of the permit. If the applicant is a nonresident, the license must conspicuously display the word "nondomiciled".

c. The department shall assign an applicant for a driver's license a distinguishing driver's license number other than the applicant's social security number.

d. The license may contain other information as required under the department's rules.

3.Replacement. If prior to the renewal date, a person desires to obtain a driver's license in the form authorized by this section, a license may be issued as a voluntary replacement upon payment of the required fee as set by the department by rule. A person shall return a driver's license and be issued a new license when the first license contains inaccurate information upon payment of the required fee as set by the department by rule.

4.Symbols. Upon the request of a licensee, the department shall indicate on the license the presence of a medical condition, that the licensee is a donor under the revised uniform anatomical gift Act as provided in chapter 142C, or that the licensee has in effect a medical advance directive. For purposes of this subsection, a medical advance directive includes but is not limited to a valid durable power of attorney for health care as defined in section 144B.1. The license may contain such other information as the department may require by rule.

5.Tamperproofing. The department shall issue a driver's license by a method or process which prevents as nearly as possible the alteration, reproduction, or superimposition of a photograph on the license without ready detection.

6.Licenses or nonoperator's identification cards issued to persons under age twenty-one. A driver's license issued to a person under eighteen years of age shall contain the same information as any other driver's license except that the words "under eighteen" shall appear prominently on the face of the license. A driver's license issued to a person eighteen years of age or older but less than twenty-one years of age shall contain the same information as any other driver's license except that the words "under twenty-one" shall appear prominently on the face of the license. Upon attaining the age of eighteen or upon attaining the age of twenty-one, and upon payment of a ten dollar fee, the person shall be entitled to a new driver's license or nonoperator's identification card for the unexpired months of the driver's license or card. Upon attaining the age of twenty-one, a person who is otherwise eligible to be issued a driver's license or nonoperator's identification card shall be eligible to apply electronically for issuance of a replacement license or card for the unexpired months of the license or card, regardless of whether the most recent previous issuance of the license or card occurred electronically. The department shall, within a reasonable time period prior to a person's twenty-first birthday anniversary, notify the person of the person's eligibility to apply for a replacement driver's license or nonoperator's identification card electronically upon attaining the age of twenty-one. The department shall develop educational media to raise awareness of a person's eligibility to apply for a replacement driver's license or nonoperator's identification card electronically upon attaining the age of twenty-one. An instruction permit or intermediate license issued under section 321.180B, subsection 1 or 2, shall include a distinctive color bar. An intermediate license issued under section 321.180B, subsection 2, shall include the words "intermediate license" printed prominently on the face of the license.

7.Motorized bicycle.

a. The department may issue a driver's license valid only for operation of a motorized bicycle to a person fourteen years of age or older who has passed a vision test or who files a vision report as provided in section 321.186A which shows that the applicant's visual acuity level meets or exceeds those required by the department and who passes a written examination on the rules of the road. A person under the age of sixteen applying for a driver's license valid only for operation of a motorized bicycle shall also be required to successfully complete a motorized bicycle education course approved and established by the department or successfully complete an approved motorized bicycle education course at a private or commercial driver education school licensed by the department. A public school district shall charge a student a fee which shall not exceed the actual cost of instruction. A driver's license valid only for operation of a motorized bicycle entitles the licensee to operate a motorized bicycle upon the highway while having the license in the licensee's immediate possession. The license is valid for a period not to exceed two years from the licensee's birthday anniversary in the year of issuance, subject to termination or cancellation as provided in this section.

b. A driver's license valid only for operation of a motorized bicycle shall be canceled upon a conviction for a moving traffic violation and reapplication may be made thirty days after the date of cancellation. The cancellation of the license upon conviction for a moving traffic violation shall not result in requiring the applicant to maintain proof of financial responsibility under section 321A.17, unless the conviction would otherwise result in a suspension or revocation of a person's driver's license.

c. As used in this section, "moving traffic violation" does not include a parking violation as defined in section 321.210 or a violation of a section of the Code or municipal ordinance pertaining to standards to be maintained for motor vehicle equipment except sections 321.430 and 321.431, or except a municipal ordinance pertaining to motor vehicle brake requirements as applicable to motorized bicycles.

d. The holder of any class of driver's license may operate a motorized bicycle.

e. A person who violates this subsection commits a simple misdemeanor.

8.Veterans status. A licensee who is an honorably discharged veteran of the armed forces of the United States may request that the license be marked to reflect the licensee's veteran status. Upon such a request, the word "VETERAN" shall be marked prominently on the face of the license. Such a license shall be issued upon receipt of satisfactory proof of veteran status pursuant to procedures established by the department in consultation with the department of veterans affairs, or upon presentation of the licensee's certification of release or discharge from active duty, DD form 214, to the department at the time of the licensee's request, if the form indicates the licensee was honorably discharged. If the license is issued upon presentation of the licensee's certification of release or discharge from active duty, DD form 214, the department shall notify the commission of veteran affairs of the county of the licensee's residence that the licensee was issued a license marked to reflect the licensee's veteran status. After receiving notification from the department, the commission of veteran affairs shall initiate contact with the licensee.

9.Deaf or hard-of-hearing status. A licensee who is a deaf person or a hard-of-hearing person, as those terms are defined in section 622B.1, may request that the license be marked to reflect the licensee's deaf or hard-of-hearing status on the face of the license when the licensee applies for the issuance or renewal of a license. The department may adopt rules pursuant to chapter 17A establishing criteria under which a license may be marked, including requiring the licensee to submit medical proof of the licensee's deaf or hard-of-hearing status. When a driver's license is so marked, the licensee's deaf or hard-of-hearing status shall be noted in the electronic database used by the department and law enforcement to access registration, titling, and driver's license information. The department, in consultation with the commission of deaf services, shall develop educational media to raise awareness of a licensee's ability to request the license be marked to reflect the licensee's deaf or hard-of-hearing status.

10.Autism spectrum disorder status. A licensee who has autism spectrum disorder, as defined in section 514C.28, may request that the license be marked to reflect the licensee's autism spectrum disorder status on the face of the license when the licensee applies for the issuance or renewal of a license. The department may adopt rules pursuant to chapter 17A establishing criteria under which a license may be marked, including requiring the licensee to submit medical proof of the licensee's autism spectrum disorder status. When a driver's license is so marked, the licensee's autism spectrum disorder status shall be noted in the electronic database used by the department and law enforcement to access registration, titling, and driver's license information. The department, in consultation with the mental health and disability services commission, shall develop educational media to raise awareness of a licensee's ability to request the license be marked to reflect the licensee's autism spectrum disorder status.

Iowa Code § 321.189

84 Acts, ch 1022, §4; 84 Acts, ch 1292, §3; 87 Acts, ch 167, §1; 87 Acts, ch 206, §2, 3; 90 Acts, ch 1230, §35; 92 Acts, ch 1175, §22, 23; 93 Acts, ch 164, §1; 94 Acts, ch 1102, §2; 95 Acts, ch 67, §25; 95 Acts, ch 95, §1; 95 Acts, ch 118, §22; 96 Acts, ch 1017, §1 - 3; 97 Acts, ch 74, §1; 98 Acts, ch 1073, §9; 98 Acts, ch 1112, §6, 7, 14, 16; 99 Acts, ch 13, §14; 2001 Acts, ch 90, §2; 2001 Acts, ch 132, §5; 2001 Acts, ch 180, §7; 2003 Acts, ch 108, § 56; 2006 Acts, ch 1068, § 26; 2007 Acts, ch 44, § 29; 2010 Acts, ch 1061, § 180; 2010 Acts, ch 1140, §5; 2012 Acts, ch 1091, § 2; 2013 Acts, ch 82, § 1; 2015 Acts, ch 123, § 33, 54; 2016 Acts, ch 1011, § 48; 2016 Acts, ch 1111, §1; 2017 Acts, ch 29, § 94; 2019 Acts, ch 76, §1; 2019 Acts, ch 84, §1; 2020 Acts, ch 1089, §1; 2022 Acts, ch 1026, §2

Amended by 2022 Iowa, ch 1026, s 2, eff. 7/1/2022.

Amended by 2020 Iowa, ch 1089, s 1, eff. 7/1/2020.

Amended by 2019 Iowa, ch 76, s 1, eff. 7/1/2019.

Amended by 2019 Iowa, ch 84, s 1, eff. 7/1/2019.

Amended by 2017 Iowa, ch 29, s 94, eff. 7/1/2017.

Amended by 2016 Iowa, ch 1011, s 48, eff. 7/1/2016.

Amended by 2016 Iowa, ch 1111, s 1, eff. 7/1/2016.

Amended by 2015 Iowa, ch 123, s 54, eff. 6/26/2015.

Amended by 2015 Iowa, ch 123, s 33, eff. 7/1/2015.

Amended by 2013 Iowa, ch 82, s 1, eff. 7/1/2013.

C31, 35, §4960-d19, -d20, -d22, -d28; C39, §5013.14; C46, 50, 54, 58, 62, 66, 71, 73, 75, §321.189; C77, 79, 81, §321.189; 81 Acts, ch 107, §1, 2
84 Acts, ch 1022, §4; 84 Acts, ch 1292, §3; 87 Acts, ch 167, §1; 87 Acts, ch 206, §2, 3; 90 Acts, ch 1230, §35; 92 Acts, ch 1175, §22, 23; 93 Acts, ch 164, §1; 94 Acts, ch 1102, §2; 95 Acts, ch 67, §25; 95 Acts, ch 95, §1; 95 Acts, ch 118, §22; 96 Acts, ch 1017, §1 - 3; 97 Acts, ch 74, §1; 98 Acts, ch 1073, §9; 98 Acts, ch 1112, §6, 7, 14, 16; 99 Acts, ch 13, §14; 2001 Acts, ch 90, §2; 2001 Acts, ch 132, §5; 2001 Acts, ch 180, §7; 2003 Acts, ch 108, §56; 2006 Acts, ch 1068, §26; 2007 Acts, ch 44, §29; 2010 Acts, ch 1061, §180; 2010 Acts, ch 1140, §5; 2012 Acts, ch 1091, §2

Referred to in §49.78, 321.177, 321.180B, 321.189A, 321.190, 321.191, 321.213

Driver's license fees, see §321.191

Intermediate driver's license to indicate applicability of six-month restriction on unrelated minor passengers; see §321.180B, subsection 2

This section is set out more than once due to postponed, multiple, or conflicting amendments.